Bill Text: MS HB1427 | 2024 | Regular Session | Introduced
Bill Title: Elections contests; revise provisions of.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [HB1427 Detail]
Download: Mississippi-2024-HB1427-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Apportionment and Elections
By: Representative Hurst
House Bill 1427
AN ACT TO REVISE THE PROVISIONS REGULATING ELECTION CONTESTS; TO PROVIDE THAT THE ELECTION CONTESTS FOR PRIMARY, RUNOFF, GENERAL AND SPECIAL ELECTIONS SHALL BE TREATED THE SAME; TO PROVIDE THAT SUCH CONTESTS MUST BE FILED WITHIN TWENTY DAYS AFTER THE ELECTION; TO PROVIDE THAT THE CIRCUIT CLERK SHALL NOTIFY THE CHIEF JUSTICE OF THE SUPREME COURT, WHO SHALL DESIGNATE AND NOTIFY A RETIRED JUDGE ON SENIOR STATUS OF A DISTRICT OTHER THAN THE ONE THAT EMBRACES THE AREA INVOLVED IN THE CONTEST TO HEAR THE CONTEST; TO PROVIDE FOR SERVICE OF PROCESS IN THE CONTEST; TO EXEMPT CONTESTS OF THE LEGISLATURE FROM THESE PROVISIONS; TO PROVIDE THAT SUCH CONTEST SHALL NOT BE HEARD BY A JURY; TO AMEND SECTION 23-15-911, MISSISSIPPI CODE OF 1972, TO PROCESS THE EXAMINATION OF THE BALLOT BOX; TO AMEND SECTION 23-15-933, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ELECTION COMMISSIONERS SHALL NOT ATTEND THE HEARING ON THE CONTEST; TO AMEND SECTION 23-15-937, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DECISION OF THE JUDGE SHALL BE RENDERED AS EXPEDITIOUSLY AS POSSIBLE SO THAT THE RESOLUTION OF THE CONTEST CAN PROVIDE FOR A TIMELY RESOLUTION OF ANY RESULTING ELECTIONS; TO AMEND SECTION 23-15-939, MISSISSIPPI CODE OF 1972, TO REMOVE THE COMPENSATION FOR THE SERVICES OF THE ELECTION COMMISSIONS DURING AN ELECTION CONTEST; TO AMEND SECTIONS 23-15-941, 23-15-955, 23-15-961, 23-15-963, 23-15-921, 23-15-927, 23-15-929, 23-15-935 AND 23-15-953, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTIONS 23-15-913, 23-15-923, 23-15-925, 23-15-931, 23-15-951, 23-15-957 AND 23-15-615, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 23-15-911, Mississippi Code of 1972, is amended as follows:
23-15-911. (1) (a) When
the returns for a box and the contents of the ballot box and the conduct of the
election have been canvassed and reviewed by the county election commission in
the case of general elections or the county executive committee in the case of
primary elections, all the contents of the box required to be placed and sealed
in the ballot box by the poll managers shall be replaced therein by the
election commission or executive committee, as the case may be, and the box
shall be forthwith resealed and delivered to the circuit clerk, who shall
safely keep and secure the same against any tampering. At any time within
twelve (12) business days after the * * *
certification of the election results by the election commission or
executive committee, as the case may be, any candidate or his or her
representative authorized in writing by him or her shall have the right of full
examination of the box and its contents and any other material used in the conduct
of the election upon three (3) days' notice of his or her application
therefor served upon the opposing candidates. The service of notice shall be
provided to each opposing candidate by delivering a copy personally to each
candidate, or by performing two (2) of the following:
(i) By leaving a copy at each candidate's usual place of residence with a family member, who shall be no less than sixteen (16) years of age and, who resides in the candidate's residence;
(ii) By email or other electronic means, with receipt deemed upon transmission; or
(iii) By mailing a copy of the notice by registered or certified mail that is addressed to each opposing candidate at that candidate's residence with receipt deemed mailing.
(b) If service of notice cannot be made to any opposing candidate, then notice may be posted on the door of each candidate's usual place of abode. If any candidate's usual place of residence is a multifamily dwelling, a copy of the notice must be mailed to the candidate or candidates by United States first-class mail, postage prepaid, return receipt requested. Proof of service of notice upon any opposing candidate shall be made to the circuit clerk within three (3) days before a full examination of the ballot box may be conducted.
(c) The examination shall be conducted in the presence of the circuit clerk or his or her deputy who shall be charged with the duty to see that none of the contents of the box are removed from the presence of the clerk or in any way tampered with. All materials shall be subject to examination without redaction. Materials may be copied, scanned or photographed during the examination at the expense of the candidate or his or her representative, but any material copied that contains a social security number or birthdate shall be redacted before copying. Upon the completion of the examination the box shall be resealed with all its original contents inside. And if any contest or complaint before the court shall arise over the box, it shall be kept intact and sealed until the court hearing and another ballot box, if necessary, shall be furnished for the precinct involved.
(2) The provisions of this section allowing the examination of ballot boxes shall apply in the case of an election contest regarding the seat of a member of the state Legislature. In such a case, the results of the examination shall be reported by the applicable circuit clerk to the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be.
SECTION 2. (1) Except as otherwise provided by Section 23-15-955 or 23-15-961, a person desiring to contest the election of another person or persons returned as candidate for nomination in a party's runoff election, or returned as the nominee of the party, or contesting the election of another person returned as elected to any office, may, within twenty (20) days after the election, file a petition in the office of the clerk of the circuit court of the county in which the irregularities are charged to have occurred, or, if more than one (1) county is involved, then in one (1) of the counties, setting forth the grounds upon which the election is contested. When such a petition is filed, the circuit clerk shall immediately notify, by registered letter, telegraph, telephone, or personally the Chief Justice of the Supreme Court or in his absence, or disability, some other Justice of the Supreme Court, who shall forthwith designate and notify a retired judge on senior status of a district other than that which embraces the district, subdistrict, county or any of the counties, involved in the contest or complaint, to proceed to the county in which the contest or complaint has been filed to hear and determine the contest or complaint. The circuit clerk shall also cause a copy of such petition to be served upon the contestee, which shall serve as notice to such contestee.
(2) It shall be the official duty of the trial judge to proceed to discharge the duty of hearing the contest at the earliest possible date. The date of the contest shall be fixed by the trial judge and of which the contestant and contestee shall have reasonable notice, to be served in such reasonable manner as the judge may direct. When the contestee is served, such contestee shall promptly file his answer, and cross-complaint, if the contestee has one to prefer.
(3) In case the election of district attorney or other state district election be contested, the petition may be filed in any county of the district or in any county of an adjoining district.
(4) A person desiring to contest the election of another person returned as elected to any seat in the Mississippi Legislature shall comply with the provisions of Section 23-15-955. A person desiring to contest the qualifications of a candidate for nomination shall comply with the provisions of Section 23-15-961.
SECTION 3. Section 23-15-933, Mississippi Code of 1972, is amended as follows:
23-15-933. The contestant
or contestee, or both, may file an appeal in the Supreme Court within the time
and under such conditions and procedures as are established by the Supreme
Court for other appeals. * * * If the findings of fact have been concurred in by all the commissioners
in attendance, provided as many as three (3) commissioners are and have been in
attendance, the facts shall not be subject to appellate review. But if not so
many as three (3) of the commissioners are or have been in attendance, or if
one or more commissioners dissent, upon review, the Supreme Court may make such
findings as the evidence requires.
SECTION 4. Section 23-15-937, Mississippi Code of 1972, is amended as follows:
23-15-937. If more than one
(1) county is involved in a contest or complaint, the judge shall have the
authority to transfer the hearing to a more convenient county within the
district, if the contest or complaint involves a district office, or within the
state if the contest or complaint involves a state office; or the judge may
proceed to any county or counties in which the facts complained of are charged
to have transpired, and there hear the evidence and make a finding of facts
relating to that county and any convenient neighboring county or counties, but,
in any event, if possible with due diligence to do so, the hearing must be
completed and final judgment rendered * * *
as expeditiously as reasonably possible so that the resolution of the contest
can provide for a timely resolution of any resulting elections. When any
judge lawfully designated to hear a contest or complaint shall not promptly and
diligently proceed with the hearing and final determination of the contest or
complaint, he shall be guilty of a high misdemeanor in office unless excused by
actual illness, or by an equivalent excuse. In the case of a party primary or
runoff election, when no final decision has been made by the time the
official ballots are required to be printed, the name of the candidates for runoff
or the nominee declared by the party executive committee shall be printed
on the official ballots * * * as the party nominee, but the contest or complaint shall not
thereby be dismissed but the cause shall nevertheless proceed to final judgment
and if the judgment is in favor of the contestant, the election of the
contestee shall thereby be vacated and the Governor, or the Lieutenant
Governor, in case the Governor is a party to the contest, shall call a special
election for the office or offices involved. If the contestee has already
entered upon the term he shall vacate the office upon the qualification of the
person elected at the special election, and may be removed by quo warranto if
he fails so to do.
SECTION 5. Section 23-15-939, Mississippi Code of 1972, is amended as follows:
23-15-939. The reasonable
traveling expenses of the judge or chancellor shall be paid by order of the
board of supervisors of the county or counties in which a contest or complaint
is heard, upon an itemized certificate thereof by the judge or chancellor. * * *
SECTION 6. Section 23-15-941, Mississippi Code of 1972, is amended as follows:
23-15-941. If upon the
hearing of a * * *
election contest or complaint * * *, it shall
distinctly appear to the trial judge that any person, including a candidate or
election officer, has willfully and corruptly violated any * * * election statute and such violation is
by said statute made a criminal offense, whether a misdemeanor or a felony, it
shall be the duty of the trial judge to issue immediately his warrant for the
arrest of the guilty party, reciting in his order therefor, in brief, the
grounds or causes for the arrest. Such warrant and a certified copy of the
order shall be forthwith placed in the hands of the sheriff of the county wherein
the offense occurred, and the sheriff shall at once, upon receipt of the
warrant, arrest the party and commit him to prison, unless and until the party
give bond in the sum of Five Hundred Dollars ($500.00) with two (2) or more
good and sufficient sureties conditioned for his appearance at the next term of
the circuit court and from term to term until discharged by law. When the
arrest has been made and the bond, if any, given, the sheriff shall deliver all
the papers therein with his return thereon to the circuit clerk who shall file,
and thereafter personally deliver, the same to the foreman of the next grand
jury.
SECTION 7. Section 23-15-955, Mississippi Code of 1972, is amended as follows:
23-15-955. Except as
otherwise provided by Section 23-15-961, the person contesting the seat of any member
of the Senate or House of Representatives shall comply with the provisions of
this section. Section 38, Mississippi Constitution of 1890, provides that each
house of the Mississippi State Legislature shall judge the qualifications,
return and election of its membership. Pursuant to that authority, the House
of Representatives shall have exclusive jurisdiction over * * * a general or special election contest
regarding the seat of any member of the House of Representatives, and the Senate
shall have exclusive jurisdiction over * * * a general or special election contest
regarding the seat of any member of the Senate. An election contest regarding
the seat of a member of the House of Representatives or the Senate shall be
filed with the Clerk of the House or the Secretary of the Senate, as the case
may be, within thirty (30) days after a regular general election or ten (10)
days after a special election to fill a vacancy. The legislative resolution of
the election contest shall be conducted in accordance with procedures and
precedents established by the House of Representatives or the Senate, as the
case may be. Such procedures and precedents may be found in the Journals of
the House of Representatives and of the State Senate and/or in the published
Rules of the House of Representatives and of the State Senate.
SECTION 8. Section 23-15-961, Mississippi Code of 1972, is amended as follows:
23-15-961. (1) Any person desiring to contest the qualifications of another person as a candidate for nomination in a political party primary election shall file a petition specifically setting forth the grounds of the challenge within ten (10) days after the qualifying deadline for the office in question. The petition shall be filed with the executive committee with whom the candidate in question qualified.
(2) Within * * * fifteen (15) days of receipt of
the petition described in subsection (1) of this section, the appropriate
executive committee shall meet and rule upon the petition. At least two (2)
days before the hearing to consider the petition, the appropriate executive committee
shall give notice to both the petitioner and the contested candidate of the
time and place of the hearing on the petition. Each party shall be given an
opportunity to be heard at that meeting and present evidence in support of his
position.
(3) If the appropriate executive committee fails to rule upon the petition within the time required in subsection (2) of this section, that inaction shall be interpreted as a denial of the request for relief contained in the petition.
(4) Any party aggrieved by
the action or inaction of the appropriate executive committee may file a petition
for judicial review to the circuit court of the county in which the executive
committee whose decision is being reviewed sits. The petition must be filed no
later than * * * twenty (20) days after the date the petition was
originally filed with the appropriate executive committee. The person filing
for judicial review shall give a cost bond in the sum of Three Hundred Dollars
($300.00) with two (2) or more sufficient sureties conditioned to pay all costs
in case his petition be dismissed, and an additional bond may be required, by
the court, if necessary, at any subsequent stage of the proceedings.
(5) Upon the filing of the petition and bond, the circuit clerk shall immediately, by registered letter or by telegraph or by telephone, or personally, notify the Chief Justice of the Supreme Court, or in his absence, or disability, some other judge of the Supreme Court, who shall forthwith designate and notify a circuit judge or retired judge on senior status of a district other than that which embraces the district, subdistrict, county or any of the counties, involved in the contest or complaint, to proceed to the county in which the contest or complaint has been filed to hear and determine the contest or complaint. It shall be the official duty of the trial judge to proceed to the discharge of the designated duty at the earliest possible date to be fixed by the judge and of which the contestant and contestee shall have reasonable notice. The contestant and contestee are to be served in a reasonable manner as the judge may direct, in response to which notice the contestee shall promptly file his answer, and also his cross-complaint if he has a cross-complaint. The hearing before the trial court shall be de novo. The matter shall be tried to the trial judge, without a jury. After hearing the evidence, the trial judge shall determine whether the candidate whose qualifications have been challenged is legally qualified to have his name placed upon the ballot in question. The trial judge may, upon disqualification of any such candidate, order that such candidate shall bear the court costs of the proceedings.
(6) Within three (3) days after judgment is rendered by the circuit court, the contestant or contestee, or both, may file an appeal in the Supreme Court upon giving a cost bond in the sum of Three Hundred Dollars ($300.00), together with a bill of exceptions which shall state the point or points of law at issue with a sufficient synopsis of the facts to fully disclose the bearing and relevancy of such points of law. The bill of exceptions shall be signed by the trial judge, or in case of his absence, refusal or disability, by two (2) disinterested attorneys, as is provided by law in other cases of bills of exception. The filing of such appeals shall automatically suspend the decision of the circuit court and the appropriate executive committee is entitled to proceed based upon their decision unless and until the Supreme Court, in its discretion, stays further proceedings in the matter. The appeal shall be immediately docketed in the Supreme Court and referred to the court en banc upon briefs without oral argument unless the court shall call for oral argument, and shall be decided at the earliest possible date, as a preference case over all others. The Supreme Court shall have the authority to grant such relief as is appropriate under the circumstances.
(7) The procedure set forth in this section shall be the sole and only manner in which the qualifications of a candidate seeking public office as a party nominee may be challenged prior to the time of his nomination or election. After a party nominee has been elected to public office, the election may be challenged as otherwise provided by law. After a party nominee assumes an elective office, his qualifications to hold that office may be contested as otherwise provided by law.
SECTION 9. Section 23-15-963, Mississippi Code of 1972, is amended as follows:
23-15-963. (1) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-359, Mississippi Code of 1972, or has been declared a party's nominee either as the result of having been unopposed in the primary or the winning candidate of the party's primary election, as a candidate for any office elected at a general election, shall file a petition specifically setting forth the grounds of the challenge not later than thirty-one (31) days after the date of the first primary election set forth in Section 23-15-191, Mississippi Code of 1972. Such petition shall be filed with the same body with whom the candidate in question qualified pursuant to Section 23-15-359, Mississippi Code of 1972, or with the election commission with which the party executive committee filed notice of their party's nomination of the candidate.
(2) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-213, Mississippi Code of 1972, as a candidate for county election commissioner elected at a general election, shall file a petition specifically setting forth the grounds of the challenge no later than sixty (60) days prior to the general election. Such petition shall be filed with the county board of supervisors, being the same body with whom the candidate in question qualified pursuant to Section 23-15-213, Mississippi Code of 1972.
(3) Any person desiring to contest the qualifications of another person who has qualified pursuant to the provisions of Section 23-15-361, Mississippi Code of 1972, as a candidate for municipal office elected on the date designated by law for regular municipal elections, shall file a petition specifically setting forth the grounds of the challenge no later than thirty-one (31) days after the date of the first primary election set forth in Section 23-15-309, Mississippi Code of 1972. Such petition shall be filed with the municipal commissioners of election, being the same body with whom the candidate in question qualified pursuant to Section 23-15-361, Mississippi Code of 1972.
(4) Within ten (10) days of receipt of the petition described in subsections (1), (2) and (3) of this section, the appropriate election officials shall meet and rule upon the petition. At least two (2) days before the hearing to consider the petition, the appropriate election officials shall give notice to both the petitioner and the contested candidate of the time and place of the hearing on the petition. Each party shall be given an opportunity to be heard at such meeting and present evidence in support of his position.
(5) If the appropriate election officials fail to rule upon the petition within the time required above, such inaction shall be interpreted as a denial of the request for relief contained in the petition.
(6) Any party aggrieved by the action or inaction of the appropriate election officials may file a petition for judicial review to the circuit court of the county in which the election officials whose decision is being reviewed sits. Such petition must be filed no later than fifteen (15) days after the date the petition was originally filed with the appropriate election officials. Such person filing for judicial review shall give a cost bond in the sum of Three Hundred Dollars ($300.00) with two (2) or more sufficient sureties conditioned to pay all costs in case his petition be dismissed, and an additional bond may be required, by the court, if necessary, at any subsequent stage of the proceedings.
(7) The circuit court with whom such a petition for judicial review has been filed shall at the earliest possible date set the matter for hearing. Notice shall be given the interested parties of the time set for hearing by the circuit clerk. The hearing before the circuit court shall be de novo. The matter shall be tried to the circuit judge, without a jury. After hearing the evidence, the circuit judge shall determine whether the candidate whose qualifications have been challenged is legally qualified to have his name placed upon the ballot in question. The circuit judge may, upon disqualification of any such candidate, order that such candidate shall bear the court costs of the proceedings.
(8) Within three (3) days after judgment is rendered by the circuit court, the contestant or contestee, or both, may file an appeal in the Supreme Court upon giving a cost bond in the sum of Three Hundred Dollars ($300.00), together with a bill of exceptions which shall state the point or points of law at issue with a sufficient synopsis of the facts to fully disclose the bearing and relevancy of such points of law. The bill of exceptions shall be signed by the trial judge, or in case of his absence, refusal or disability, by two (2) disinterested attorneys, as is provided by law in other cases of bills of exception. The filing of such appeals shall automatically suspend the decision of the circuit court and the appropriate election officials are entitled to proceed based upon their decision unless and until the Supreme Court, in its discretion, stays further proceedings in the matter. The appeal shall be immediately docketed in the Supreme Court and referred to the court en banc upon briefs without oral argument unless the court shall call for oral argument, and shall be decided at the earliest possible date, as a preference case over all others. The Supreme Court shall have the authority to grant such relief as is appropriate under the circumstances.
(9) The procedure set forth above shall be the sole and only manner in which the qualifications of a candidate seeking public office who qualified pursuant to the provisions of Sections 23-15-359, 23-15-213 and 23-15-361, Mississippi Code of 1972, may be challenged prior to the time of his election. After any such person has been elected to public office, the election may be challenged as otherwise provided by law. After any person assumes an elective office, his qualifications to hold that office may be contested as otherwise provided by law.
SECTION 10. Section 23-15-921, Mississippi Code of 1972, is amended as follows:
23-15-921. * * * [DELETED]
SECTION 11. Section 23-15-927, Mississippi Code of 1972, is amended as follows:
23-15-927. * * * [DELETED]
SECTION 12. Section 23-15-929, Mississippi Code of 1972, is amended as follows:
23-15-929. * * * [DELETED]
SECTION 13. Section 23-15-935, Mississippi Code of 1972, is amended as follows:
23-15-935. * * *
[DELETED]
SECTION 14. Section 23-15-953, Mississippi Code of 1972, is amended as follows:
23-15-953. * * *
[DELETED]
SECTION 15. Section 23-15-913, Mississippi Code of 1972, is brought forward as follows:
23-15-913. The judges listed and selected to hear election disputes, as provided in Section 23-15-951, shall be available on election day to immediately hear and resolve any election day disputes. The rules for filing pleadings shall be relaxed to carry out the purposes of this section. The judges selected shall perform no other judicial duties on election day. The Supreme Court shall make judges available to hear disputes in the county in which the disputes occur but no judge shall hear disputes in the district or county in which he or she was elected nor shall any judge hear any dispute in which any potential conflict may arise. Each judge shall be fair and impartial and shall be assigned on that basis.
SECTION 16. Section 23-15-923, Mississippi Code of 1972, is brought forward as follows:
23-15-923. Except as otherwise provided in Section 23-15-961, a person desiring to contest the election of another returned as the nominee in state, congressional and judicial districts, and in legislative districts composed of more than one (1) county or parts of more than one (1) county, upon complaint filed with the chairman of the state executive committee, by petition, reciting the grounds upon which the election is contested. If necessary and with the advice of four (4) members of said committee, the chairman shall issue his fiat to the chairman of the appropriate county executive committee, and in like manner as in the county office, the county committee shall investigate the complaint and return their findings to the chairman of the state committee. The state executive committee by majority vote of members present shall declare the true results of such primary.
SECTION 17. Section 23-15-925, Mississippi Code of 1972, is brought forward as follows:
23-15-925. For the proper enforcement of the preceding sections the committee has the power to subpoena and, if necessary, attach witnesses needed in said investigation.
SECTION 18. Section 23-15-931, Mississippi Code of 1972, is brought forward as follows:
23-15-931. When the day for the hearing has been set, the circuit clerk shall issue subpoenas for witnesses as in other litigated cases, and he shall also issue a summons to each of the five (5) election commissioners of the county, unless they waive summons, requiring them to attend the hearing, throughout which the commissioners shall sit with the judge as advisors or assistants in the trial and determination of the facts, and as assistants in counts, calculations and inspections, and in seeing to it that ballots, papers, documents, books and the like are diligently secured against misplacement, alteration, concealment or loss both in the sessions and during recesses or adjournments. The judge is, however, the controlling judge both of the facts and the law, and has all the power in every respect of a circuit judge in termtime. The tribunal shall be attended by the sheriff, and clerk, each with sufficient deputies, and by a court reporter. The special tribunal so constituted shall fully hear the contest or complaint de novo, and the original contestant before the party executive committee shall have the burden of proof and the burden of going forward with the evidence in the hearing before the special tribunal. The special tribunal, after the contest or complaint has been fully heard anew, shall make a finding dictated to the reporter covering all controverted material issues of fact, together with any dissents of any commissioner, and thereupon, the trial judge shall enter the judgment which the county executive committee should have entered, of which the election commissioners shall take judicial notice, or if the matter be one within the jurisdiction of the State Executive Committee, the judgment shall be certified and promptly forwarded to the Secretary of the State Executive Committee, and, in the absence of an appeal, it shall be the duty of the State Executive Committee forthwith to reassemble and revise any decision theretofore made by it so as to conform to the judicial judgment; that when the contest is upon a complaint filed with the State Executive Committee and the petition to the court avers that the wrong or irregularity is one which occurred wholly within the proceedings of the state committee, the petition to the court shall be filed in the Circuit Court of Hinds County and, after notice served, shall be promptly heard by the circuit judge of that county, without the attendance of commissioners.
SECTION 19. Section 23-15-951, Mississippi Code of 1972, is brought forward as follows:
23-15-951. Except as otherwise provided by Section 23-15-955 or 23-15-961, a person desiring to contest the election of another person returned as elected to any office within any county, may, within twenty (20) days after the election, file a petition in the office of the clerk of the circuit court of the county, setting forth the grounds upon which the election is contested. When such a petition is filed, the circuit clerk shall immediately notify, by registered letter, telegraph, telephone, or personally the Chief Justice of the Supreme Court or in his absence, or disability, some other Justice of the Supreme Court, who shall forthwith designate and notify a circuit judge or chancellor of a district other than that which embraces the district, subdistrict, county or any of the counties, involved in the contest or complaint, to proceed to the county in which the contest or complaint has been filed to hear and determine the contest or complaint. The circuit clerk shall also cause a copy of such petition to be served upon the contestee, which shall serve as notice to such contestee.
The Supreme Court shall compile a list of judges throughout the state to hear such disputes before an election. It shall be the official duty of the designated circuit judge or chancellor to proceed to discharge the duty of hearing the contest at the earliest possible date. The date of the contest shall be fixed by the judge or chancellor, and the judge or chancellor shall provide reasonable notice to the contestant and the contestee of the date and time fixed for the contest. The judge or chancellor shall cause the contestant and contestee to be served in a reasonable manner. When the contestee is served, such contestee shall promptly file his answer, and cross-complaint, if the contestee has a cross-complaint.
The court shall, at the first term, cause an issue to be made up and tried by a jury, and the verdict of the jury shall find the person having the greatest number of legal votes at the election. If the jury shall find against the person returned elected, the clerk shall issue a certificate thereof; and the person in whose favor the jury shall find shall be commissioned by the Governor, and shall qualify and enter upon the duties of his office. Each party shall be allowed ten (10) peremptory challenges, and new trials shall be granted and costs awarded as in other cases. In case the election of district attorney or other state district election be contested, the petition may be filed in any county of the district or in any county of an adjoining district within twenty (20) days after the election, and like proceedings shall be had thereon as in the case of county officers, and the person found to be entitled to the office shall qualify as required by law and enter upon the duties of his office.
A person desiring to contest the election of another person returned as elected to any seat in the Mississippi Legislature shall comply with the provisions of Section 23-15-955. A person desiring to contest the qualifications of a candidate for nomination in a political party primary election shall comply with the provisions of Section 23-15-961.
SECTION 20. Section 23-15-957, Mississippi Code of 1972, is brought forward as follows:
23-15-957. Each house of the Legislature, the Clerk of the House of Representatives, the Secretary of the Senate, or any committee appointed to investigate the facts concerning the election or qualifications of any member or persons claimed to be such, shall have power to issue subpoenas and compel the attendance of witnesses and the production of such documents or papers as may be required. In addition, the clerk or the secretary, as the case may be, shall have the authority to enforce any subpoena issued by him or her and to enforce compliance with the time limitations set forth in Section 23-15-955 or in any internal procedure or precedent of the respective house of the State Legislature.
SECTION 21. Section 23-15-615, Mississippi Code of 1972, is brought forward as follows:
23-15-615. The Secretary of State shall be authorized to audit election procedures of the 2023, 2024, 2026 and 2027 general elections in the counties of this state. The conduction of an audit shall not create excessive interference with the general duties and responsibilities of the Secretary of State, county registrar, and county election commission.
(a) The Secretary of State shall audit all eighty-two (82) counties by randomly selecting from each of the congressional districts during the 2023, 2024, 2026 and 2027 general elections, and randomly selecting no more than twenty-five percent (25%) of the total precincts or no more than five (5) precincts, whichever is less in each county. No county or precinct shall be selected for audit on the basis of race, geographical location or voting trends.
(i) If the Secretary of State finds any issues that could affect the outcome of an election or cause voters to be disenfranchised, then the Secretary of State, in partnership with the local county election officials, shall develop a plan to correct those issues, which shall include additional training.
(ii) The Secretary of State will have the discretion to randomly select the counties and precincts that will be audited, but must do so at least ninety (90) days before the election to be audited. No audit shall occur if the election is challenged as provided in Sections 23-15-927, 23-15-951 or 23-15-955. No audit shall occur until after a ballot box examination has occurred and the period to contest an election has expired, or if a runoff election occurs, the audit shall occur after the runoff election.
(b) In conducting a procedural audit, the Secretary of State shall audit the following:
(i) Procedures for testing of OMR equipment before counting ballots, including the ballots used for testing of OMR equipment, as required by Section 23-15-521;
(ii) Ballot accounting reports, seal logs, poll books, and receipt books as required to be kept by Section 23-15-519;
(iii) Absentee ballots, absentee ballot applications, and absentee ballot envelopes, along with the list provided to the resolution board, to ensure appropriate processing and counting of absentee ballots as required by Section 23-15-631 et seq.; and
(iv) Affidavit ballots and affidavit ballot envelopes, including affidavit ballot receipt book to ensure compliance with appropriate processing and counting of affidavit ballots as required by Section 23-15-573.
(c) By January 20, 2027, the Secretary of State shall provide a recommendation to the Mississippi Legislature on whether the procedures to be audited in paragraph (b) should be expanded or reduced.
(d) The Secretary of State shall develop a post-election audit manual which shall detail the policies and procedures for conducting post-election audits. The post-election audit manual shall not be altered less than ninety (90) days before an election in which the post-election audit manual shall be utilized in conducting a post-election audit.
(e) No later than one hundred twenty (120) days after the election that the Secretary of State is auditing, the Secretary of State shall compile a report of the procedural audits conducted and shall submit the report to the Governor, Lieutenant Governor, Speaker of the House of Representatives and Chairmen of the Senate and House Election Committees. Prior to submitting the report, the Secretary of State shall allow the local county election officials to review the report and provide comments that will be submitted along with the report. The report shall first list all counties audited alphabetically with any major finding which may affect the outcome of the election and whether any voters were disenfranchised, then list out a detailed report of any major or minor findings, along with recommended changes to both county and Secretary of State practices.
SECTION 22. This act shall take effect and be in force from and after July 1, 2024.
